Are Marriage Contracts Enforceable?

Marriage contracts, also known as prenuptial agreements if made prior to a marriage, can be valuable planning tools to protect clients if they get separated or divorced.

A marriage contract allows a couple to decide, in advance, the outcome for property division and support obligations when the marriage ends, including if it ends on death.

Marriage contracts are particularly relevant in certain situations, including when one spouse has an interest in a family business where keeping the business in the family is key, or in blended family situations, where spouses have been previously married or are cohabiting and have children from prior relationships.

In Ontario, without a contract, spouses will be subject to the equalization of property regime imposed by the Family Law Act (FLA) for most family property, as well as applicable spousal support rules.